STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:ED410057RO
Howard Zavin c/o RENT ADMINISTRATOR'S
Janoff and Olshan, DOCKET NO.:DC410572S
347 West 55 Street
New York, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on March 15, 1990 concerning the housing
accommodations relating to the above-described docket number.
The Commissioner has reviewed all the evidence in the record and has
carefully considered that portion of the record relevant to the
issues raised by the petition.
The tenant commenced this proceeding on March 3, 1989 by filing a
complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In answer, the owner denied the allegations and otherwise asserted
that after the tenant's initial refusals to allow access, all
repairs were done.
On February 16, 1990, a physical inspection of the subject apartment
was conducted by a DHCR staff member who confirmed that there was
peeling paint and plaster in the bathroom ceiling due to a water
leak; and that there was roach infestation.
By an order dated March 15, 1990, the Administrator directed the
restoration of services and ordered a rent reduction.
In this petition, the owner contends in substance that he never
received the complaint; the tenant refused access; and the tenant
never signed up for the exterminator.
In answer, the tenant denied the allegations and otherwise asserted
some repairs were done because he allowed access; that the repairmen
failed to come when expected; and that the owner offered no proof of
denied access and failure to sign up for the exterminator.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
authorized to order a rent reduction, upon application by a tenant,
where it is found that an owner has failed to maintain required
services. The owner's petition does not establish any basis to
modify or revoke the Administrator's determination based on the
February 16, 1990 inspection which confirmed the existence of
defective conditions, warranting a rent reduction.
The record establishes that the owner answered the tenant's
complaint in the proceeding below. Accordingly, the owner's
allegation that he never received the complaint is without merit.
The Commissioner notes that the owner's unsubstantiated allegations
that the tenant refused access or failed to sign up for the
exterminator are beyond the scope of review, which is limited to the
issues and evidence before the Administrator.
The status of the owner's rent restoration applications is as
follows: EK410204OR denied on April 5, 1991, and GI410208OR granted
on July 14, 1993.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and Operational Bulletin 84-1, it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is, affirmed.
LULA M. ANDERSON